DHS Proposes $103,265 Fee for H-1B Visa Petitions

The U.S. Department of Homeland Security proposed a new $103,265 fee for H-1B visa petitions subject to the annual 85,000-visa cap on Monday. The proposal aims to recover federal costs for administering the immigration system, with projected annual revenues of $8.8 billion to fund adjudication, fraud detection, national security vetting, and immigration court operations.

This regulatory approach follows a federal appeals court ruling that struck down a previous $100,000 fee issued via executive proclamation, which had applied only to workers hired from abroad. The current proposal expands the scope to include workers already residing in the United States, though it exempts research institutions, hospitals, and nonprofits.

The rule now enters a 30-day public comment period and may be finalized by the end of the year. Additionally, the agency is considering a separate $100,000 charge for the Optional Practical Training program for F-1 student visa holders.